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Constitutional Law Commons

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Cardozo Law Review

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Articles 151 - 180 of 456

Full-Text Articles in Constitutional Law

Is The "Post" In Post-Racial The "Blind" In Colorblind?, Ian F. Haney López Jan 2011

Is The "Post" In Post-Racial The "Blind" In Colorblind?, Ian F. Haney López

Cardozo Law Review

No abstract provided.


Corporate Prerogative, Race, And Identity Under The Fourteenth Amendment, John A. Powell, Caitlin Watt Jan 2011

Corporate Prerogative, Race, And Identity Under The Fourteenth Amendment, John A. Powell, Caitlin Watt

Cardozo Law Review

No abstract provided.


Judicial Activism And The Interpretation Of The Voting Rights Act, Luis Fuentes-Rohwer Jan 2011

Judicial Activism And The Interpretation Of The Voting Rights Act, Luis Fuentes-Rohwer

Cardozo Law Review

No abstract provided.


The Four Pillars Of Constitutional Doctrine, Suzanna Sherry Jan 2011

The Four Pillars Of Constitutional Doctrine, Suzanna Sherry

Cardozo Law Review

No abstract provided.


"I'M Going To Dinner With Frank": Admissibility Of Nontestimonial Statements Of Intent To Prove The Actions Of Someone Other Than The Speaker - And The Role Of The Due Process Clause, Lynn Mclain Nov 2010

"I'M Going To Dinner With Frank": Admissibility Of Nontestimonial Statements Of Intent To Prove The Actions Of Someone Other Than The Speaker - And The Role Of The Due Process Clause, Lynn Mclain

Cardozo Law Review

No abstract provided.


Political Party Restrictions And The Appointments Clause: The Federal Election Commission's Appointments Process Is Constitutional, Joshua Kershner Nov 2010

Political Party Restrictions And The Appointments Clause: The Federal Election Commission's Appointments Process Is Constitutional, Joshua Kershner

Cardozo Law Review

No abstract provided.


No One Ever Died From Copyright Infringement: The Inducement Doctrine's Applicability To Firearms Manufacturer Liability, Shane Wagman Nov 2010

No One Ever Died From Copyright Infringement: The Inducement Doctrine's Applicability To Firearms Manufacturer Liability, Shane Wagman

Cardozo Law Review

No abstract provided.


Deactivating The Mousetrap: Entrapment By Estoppel As A Defense To Federal Felon-In-Possession Charges, Madeline Stavis Nov 2010

Deactivating The Mousetrap: Entrapment By Estoppel As A Defense To Federal Felon-In-Possession Charges, Madeline Stavis

Cardozo Law Review

No abstract provided.


Judicial Review, A Comparative Perspective: Israel, Canada, And The United States, Malvina Halberstam Jun 2010

Judicial Review, A Comparative Perspective: Israel, Canada, And The United States, Malvina Halberstam

Cardozo Law Review

No abstract provided.


Transitioning To Free Speech: A Case Study On Legal Transfers In Jordanian Jurisprudence, Sarah Joy Gregory Jun 2010

Transitioning To Free Speech: A Case Study On Legal Transfers In Jordanian Jurisprudence, Sarah Joy Gregory

Cardozo Law Review

No abstract provided.


Fair Presentation And Exhaustion: The Search For Identical Standards, Jonah Wexler Nov 2009

Fair Presentation And Exhaustion: The Search For Identical Standards, Jonah Wexler

Cardozo Law Review

No abstract provided.


Due Process And Targeted Killing Of Terrorists, Richard Murphy, Afsheen John Radsan Nov 2009

Due Process And Targeted Killing Of Terrorists, Richard Murphy, Afsheen John Radsan

Cardozo Law Review

"Targeted killing" is extra-judicial, premeditated killing by a state of a specifically identified person not in its custody. States have used this tool, secretly or not, throughout history. In recent years, targeted killing has generated new controversy as two states in particular - Israel and the United States - have struggled against opponents embedded in civilian populations. As a matter of express policy, Israel engages in targeted killing of persons it deems members of terrorist organizations involved in attacks on Israel. The United States, less expressly, has adopted a similar policy against al Qaeda - particularly in the border areas …


Suspicionless Laptop Searches Under The Border Search Doctrine: The Fourth Amendment Exception That Swallows Your Laptop, Ari B. Fontecchio Sep 2009

Suspicionless Laptop Searches Under The Border Search Doctrine: The Fourth Amendment Exception That Swallows Your Laptop, Ari B. Fontecchio

Cardozo Law Review

No abstract provided.


Islamic Headscarves And Slippery Slopes, Murat Borovali Jun 2009

Islamic Headscarves And Slippery Slopes, Murat Borovali

Cardozo Law Review

No abstract provided.


Secular Constitutionalism Vindicated, Frances Raday Jun 2009

Secular Constitutionalism Vindicated, Frances Raday

Cardozo Law Review

No abstract provided.


Acknowledgements, Michel Rosenfeld Jun 2009

Acknowledgements, Michel Rosenfeld

Cardozo Law Review

No abstract provided.


Freedom And Faith - Foundations Of Freedom Of Religion, Matthias Mahlmann Jun 2009

Freedom And Faith - Foundations Of Freedom Of Religion, Matthias Mahlmann

Cardozo Law Review

No abstract provided.


Why The French Laïcité Is Liberal, Patrick Weil Jun 2009

Why The French Laïcité Is Liberal, Patrick Weil

Cardozo Law Review

No abstract provided.


Sovereignty And Laïcité, Michel Troper Jun 2009

Sovereignty And Laïcité, Michel Troper

Cardozo Law Review

No abstract provided.


The European Convention On Human Rights And Church-State Relations: Pluralism Vs. Pluralism, Françoise Tulkens Jun 2009

The European Convention On Human Rights And Church-State Relations: Pluralism Vs. Pluralism, Françoise Tulkens

Cardozo Law Review

No abstract provided.


Are Secularism And Neutrality Attractive To Religious Minorities? Islamic Discussions Of Western Secularism In The "Jurisprudence Of Muslim Minorities" (Fiqh Al-Aqalliyyat) Discourse, Andrew F. March Jun 2009

Are Secularism And Neutrality Attractive To Religious Minorities? Islamic Discussions Of Western Secularism In The "Jurisprudence Of Muslim Minorities" (Fiqh Al-Aqalliyyat) Discourse, Andrew F. March

Cardozo Law Review

No abstract provided.


Religious Revival And Pseudo-Secularism, Guy Haarscher Jun 2009

Religious Revival And Pseudo-Secularism, Guy Haarscher

Cardozo Law Review

No abstract provided.


The Spoils System In Check? Public Employees' Right To Political Affiliation & The Balkanized Policymaking Exception To § 1983 Liability For Wrongful Termination, Christopher V. Fenlon May 2009

The Spoils System In Check? Public Employees' Right To Political Affiliation & The Balkanized Policymaking Exception To § 1983 Liability For Wrongful Termination, Christopher V. Fenlon

Cardozo Law Review

No abstract provided.


Loyalty Testing For Attorneys: When Is It Necessary And Who Should Decide?, Mary Elizabeth Basile May 2009

Loyalty Testing For Attorneys: When Is It Necessary And Who Should Decide?, Mary Elizabeth Basile

Cardozo Law Review

The concept of loyalty has been manipulated to mean different things with respect to the profession of law depending on the political climate brought about by national crises throughout the history of this country. An attorney's loyalty to his country has referred to more than mere allegiance and support of the laws of the sovereignty in that it has been understood to concern specified beliefs, doctrines, and associations. It has been tested through the imposition of loyalty oaths from the colonial days through the Civil War and Cold War, to the current post-September 11 era in which the government's emphasis …


Protecting The Right To Marital Property: Ensuring A Full Equitable Distribution Award With Fraudulent Conveyance Law, Benjamin M. Ellis Mar 2009

Protecting The Right To Marital Property: Ensuring A Full Equitable Distribution Award With Fraudulent Conveyance Law, Benjamin M. Ellis

Cardozo Law Review

No abstract provided.


Assessing The Scope Of Williamson County: Why It Should Be Applied To Private Purpose Claims, Jonathan Rohr Mar 2009

Assessing The Scope Of Williamson County: Why It Should Be Applied To Private Purpose Claims, Jonathan Rohr

Cardozo Law Review

No abstract provided.


A Response To Professor Greenawalt, Marci A. Hamilton Mar 2009

A Response To Professor Greenawalt, Marci A. Hamilton

Cardozo Law Review

No abstract provided.


The Right To Silence Helps The Innocent: A Response To Critics, Alex Stein Dec 2008

The Right To Silence Helps The Innocent: A Response To Critics, Alex Stein

Cardozo Law Review

This Article responds to the numerous critics of Daniel J Seidmann & Alex Stein, The Right to Silence Helps the Innocent: A Game-Theoretic Analysis of the Fifth Amendment Privilege, 114 HARV. L. REV. 430 (2000). Under Seidmann and Stein's theory, the right to silence protects innocents who find themselves unable to corroborate their self-exonerating accounts by verifiable evidence. Absent the right, guilty criminals would pool with innocents by making false self-exonerating statements. Factfinders would consequently discount the probative value of all uncorroborated exculpatory statements, at the expense of those innocents who cannot corroborate their true accounts. The right to …


Self-Incrimination And The Epistemology Of Testimony, Michael S. Pardo Dec 2008

Self-Incrimination And The Epistemology Of Testimony, Michael S. Pardo

Cardozo Law Review

The Supreme Court's limitation of the privilege against self-incrimination to evidence of a testimonial nature has been controversial. The doctrinal reliance on a distinction between physical and testimonial evidence has proven difficult to apply in practice, and it has been criticized as being descriptively inaccurate, analytically incoherent, and normatively indefensible. This article offers a defense of the distinction on epistemological grounds. The philosophical focus on testimony as a source of knowledge provides some insight into what makes testimony distinct as an epistemic source. These considerations are used to provide a coherent and principled way to distinguish what evidence to treat …


The Sixth Amendment And Criminal Sentencing, Stephanos Bibas, Susan Klein Dec 2008

The Sixth Amendment And Criminal Sentencing, Stephanos Bibas, Susan Klein

Cardozo Law Review

This symposium essay explores the impact of Rita, Gall, and Kimbrough on state and federal sentencing and plea bargaining systems. The Court continues to try to explain how the Sixth Amendment jury trial right limits legislative and judicial control of criminal sentencing. Equally important, the opposing sides in this debate have begun to form a stable consensus. These decisions inject more uncertainty in the process and free trial judges to counterbalance prosecutors. Thus, we predict, these decisions will move the balance of plea bargaining power back toward criminal defendants.